Employment Based "Green Card"

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Employment Based: Permanent Residence "Green Card"

What is Employment Based?

  • Complete Details

    U.S. immigration law provides aliens with a variety of ways to become lawful permanent residents (get a Green Card) through employment in the United States. These employment-based (EB) “preference immigrant” categories include:


    First preference (EB-1) – priority workers

    • Aliens with extraordinary ability in the sciences, arts, education, business, or athletics;
    • Outstanding professors and researchers; or
    • Certain multinational managers and executives.

    Second preference (EB-2) – aliens who are members of the professions holding advanced degrees or who have exceptional ability (including requests for national interest waivers). 


    Third preference (EB-3) – skilled workers, professionals, or other workers.

  • Am I eligible for adjustment of status?

    If you are currently in the United States, in order to be eligible for a Green Card as an EB-1, EB-2, or EB-3 immigrant, you must meet the following requirements:


    • You properly file Form I-485, Application to Register Permanent Residence or Adjust Status;
    • You were inspected and admitted or inspected and paroled into the United States;
    • You are physically present in the United States at the time you file your Form I-485;
    • You are eligible to receive an immigrant visa;
    • An immigrant visa is immediately available to you at the time you file your Form I-485 and at the time USCIS makes a final decision on your application. (For information on visa availability, see Visa Availability and Priority Dates, Adjustment of Status Filing Charts, and the Department of State website to view the Visa Bulletin);
    • The job offered to you in the Form I-140, Immigrant Petition for Alien Worker still exists with the employer that filed the Form I-140 on your behalf, and you plan to accept the job once USCIS approves your Form I-485. If you filed Form I-140 as a self-petitioner, you must plan to work in the same or similar occupational field as specified in your Form I-140;
    • Note: Even if you have a new job or employer, section 204(j) of the Immigration and Nationality Act (INA) allows the approved Form I-140 to remain valid for adjustment of status purposes if:  
    • You submit evidence that the new job is in the same or a similar occupational classification as the job in the original Form I-140.
    • The Form I-485 you filed based on the Form I-140 remains unadjudicated for 180 days or more; and
    • None of the applicable bars to adjustment of status apply to you;
    • You are admissible to the United States for lawful permanent residence or eligible for a waiver of inadmissibility or other form of relief; and
    • You merit the favorable exercise of USCIS’ discretion.

Does my

situation qualify?

Frequently Asked Questions (FAQs)

Got a question? We’re here to help.
  • How long does the green card application process take?

    This depends on a variety of factors, including the type of application (EB-1, EB-2, EB-3) as well as one’s nationality (as determined by one’s country of birth). The application procedures for the different employment based green card classifications vary. If one is born in a country for which there is a backlog of green card applications, the process may be delayed significantly. Based on your type of application and your nationality, the process may take anywhere from several months to several years.

  • How much does a green card application cost?

    The cost of the green card application depends on a variety of factors, especially the employment based application category and the fees charged by the attorney. If a Labor Certification is needed, the cost of the application process will be significantly higher than if one is not required. 

  • Can one apply for a green card from abroad?

    Yes. However, several employment-based green card application types require that you have a full-time position. If that is the case, it may not be practical to file from abroad (if at all).

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